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March 30,2016 TOWN OF NILES BOARD OF APPEALS IN THE MATTER OF APPLICATION For Setback Variance at: 6412 Appletree Point Road in the Town of Niles Case Number: NV2016-1 Tax Map Number: 158.03-1-1 The Board of Appeals of the Town of Niles met for a public hearing on March 30,2016 at the Niles Town Hall in New Hope, New York. PRESENT: Donald Klein, Chairman Elaine Axton Chad Matijas Ronald Rybak Kathy Gorr John Nolte OTHERS: Joseph Hanyak, Jacob Lust, Joan Jayne The public hearing was opened by Chairman Donald Klein at 6:59 PM. Mr. Klein asked everyone to stand for the Pledge of Allegiance. A motion was made by Mr. Matijas and seconded by Mrs. Axton to approve the minutes from the December 10, 2014 public hearing. Motion carried unanimously. A motion was made by Mrs. Axton and seconded by Mr. Nolte to waive the reading of the newspaper article posted in the Citizen on March 15, 2016. Motion carried unanimously. Proof of notice was entered into the record. Neighbors were sent notification of the public hearing. No correspondence was received. Jerry VeVone, Code Enforcment Officer, submitted in writing the reason for rejection of the building permit. He also stated he has no objection to the proposed change. The property for which the variance was requested is located at 6412 Appletree Point Road in theTown of Niles. The relief sought is variance for 164-8A of the building setback law of the Town of Niles for ---PAGE BREAK--- construction of a new deck that will be closer than the 25 foot set back from the lake mean high-water mark. APPEARANCES: Joseph Hanyak appeared in favor of the application. Exhibits: Exhibit A: Copy of survey map Exhibit B: Detailed drawings from Lust Enterprises, LLC ALLEGATIONS OF APPLICANT: Mr. Hanyak informed the board that he would like to replace an old deck with a new one that would be 4 feet closer to the water. Currently the 4 feet consists of shrubs that would be removed and replaced with a portion of the deck. Upon further investigation by the board, it was revealed that the new deck would also be closer than the 15 foot set back from the side property line for lots with lake frontage. The portion of the deck on the northwest end of the camp would be 14 ½ feet from the property line, and the stairs on the northeast end would come out an additional 6 feet from the structure leaving only 14 feet to the property line. New drawings were submitted and the variance was amended by the applicant to include 164-8B of the building setback law of the Town of Niles. Mrs. Axton made a motion to accept the amended variance and Mr. Rybak seconded the motion. Motion carried unanimously. After questions from the board members to the applicant, Mr. Klein closed the public portion of the meeting at 7:09 PM. FINDINGS OF FACT BY THE BOARD OF APPEALS: No correspondence received from neighbors. There would be no undesirable change to the neighborhood. There would be no adverse impact on the environment. There is no other way to construct the deck. DECISION: On the basis of the forgoing findings of fact, the setback variance was GRANTED by the following vote: Don Klein Yes Elaine Axton Yes Kathleen Gorr Yes Ron Rybak Yes ---PAGE BREAK--- Chad Matijas Yes John Nolte Yes A Notice of Action will be forwarded to the applicant. A motion was made by Mrs. Axton and seconded by Mr. Rybak to open the public portion of the meeting at 7:15 PM. Motion carried unanimously. The Board members discussed the State required mandatory OSHA training that all members need to attend annually. Mrs. Axton will check into and inform members of upcoming dates and locations. No further applications for this meeting, therefore a motion was made by Mr. Matijas and seconded by Mrs. Axton to close the meeting at 7:18 PM. Motion carried unanimously. Respectfully submitted, Sara Finizio Secretary, Board of Appeals